[governance] Big Porn v. Big Web Ruling Could Spell Trouble for ICANN / was Re: new gTLDs

[William Drake]

On Aug 27, 2012, at 8:25 PM, Milton L Mueller wrote:

> Parminder,
>  
>  
> No, it will make European/ Indian decision applicable *only* to ICM registry and *not* to the ICANN. This is a straight forward and obvious fact despite your very clever attempt to twist it to suit you.
>  
> Ø  don't assume everyone is trying to apologize for imperialism when they are
> Ø  simply explaining things to you. I know it's sometimes embarrassing to be wrong
> Ø  in public, but it happens to all of us.
> Ø   
> Ø  If ICANN - which, like Google or Microsoft, also operates in Europe - was found to be a
> Ø  co-conspirator to dominate the market for porn with a domain name registry then
> Ø  European antitrust law would be as applicable as US law. See how EU antitrust actions
> Ø  have affected Intel, MSFT and, potentially, Google.
> Ø   
> Ø  But of course, it IS true that if ICANN is found to violate California Corporation law
> Ø  then California law would be applicable in special ways that no other jurisdiction would have.
> Ø  However,  by this standard people like me outside of California are as disenfranchised as
> Ø  you are. In other words, I have no more say and representation in California law than you do.
> Ø  I do not vote for its legislature, I do not pay it taxes (thank God).
> Ø  Now, either you are forced to admit that 80% of the US is subject to the same injustice as
> Ø  you or (as I suspect will happen) you will continue to play the US card because that kind
> Ø  Of identity politics is more effective at getting people lathered up, just like Japanese/Chinese/
> Ø  Korean nationalism over small dead rocks in the sea
>  
> And your solution to this problem is? As a key political actor in this space you must have some kind of a possible solution, and a possible roadmap to it.
>  
> Ø  Read my book
> Ø  (sorry Bill, did it again. But in this case, perhaps warranted?)

Uh, well, er…maybe that and some other sources (and no, not just your blog).  Bill Warren's Imperialism: Pioneer of Capitalism comes to mind :-)

Anyway, wake me when we get past 2003 and small dead rocks.

Bill


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